DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6142)

DELCON CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the DELCON CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the DELCON CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between DELCON CIVIL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was genuinely negotiated between the parties. The applicant, DELCON CIVIL PTY LTD, argued that the agreement was fair and reasonable and represented a genuine bargain. The CFMEU contended that certain provisions of the agreement did not meet the statutory requirements, particularly those related to redundancy payments.

The Commission examined the provisions of the agreement in detail, focusing on the redundancy clauses. It considered whether these clauses were consistent with the objectives of the Fair Work Act, including ensuring fairness and protecting employees' rights. The Commission noted that the agreement included provisions for redundancy payments that were consistent with industry standards and legislative requirements. It also found that the negotiation process was genuine, with both parties participating in good faith. Based on its analysis, the Commission concluded that the agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions and was genuinely negotiated between the parties.

As a result, the Fair Work Commission approved the DELCON CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision confirmed that the agreement was compliant with the Fair Work Act and could be implemented. The Commission's approval ensured that the terms and conditions of employment for the employees covered by the agreement would be legally binding and enforceable.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established